21 Oct
|
Contract and Commercial Resources
|
North Sydney
21 Oct
Contract and Commercial Resources
North Sydney
Construction Litigation & Security of Payment Solicitor (3–5 Years PQE)
Contract and Commercial Resources – North Sydney NSW
Specialist Construction Litigation and Security of Payment Role – Strong Legal Drafting Skills Essential
About the Opportunity
Following its successful establishment and rapid growth, Guardian Construction Law is seeking an experienced Construction Law Solicitor with approximately 3–5 years’ post-admission experience (PAE) to join its Sydney practice and contribute to its growing portfolio of construction law and dispute resolution matters. This is a specialist legal position suited to a solicitor who has developed strong practical experience in Security of Payment legislation, adjudications and construction litigation/dispute resolution, and who possesses exceptional legal drafting, analytical and evidentiary skills.
We are particularly interested in candidates who can take ownership of complex drafting assignments, critically analyse extensive contractual and project documentation, identify the relevant legal and factual issues, and prepare detailed, persuasive and legally sound submissions and court documents.
This is predominantly a back-end, technically focused legal role. The successful candidate will spend a significant proportion of their time undertaking substantive legal drafting, reviewing evidence, conducting legal research and preparing complex adjudication and litigation documents.
We are not seeking a generalist solicitor or contract administrator. We are looking for a construction law practitioner with genuine hands‑on experience in the preparation of adjudication applications, adjudication responses and court proceedings.
Key Responsibilities
Security of Payment and Adjudications
Independently preparing detailed, comprehensive and persuasive adjudication applications and adjudication responses under Australian Security of Payment legislation.
Reviewing, analysing and drafting payment claims and payment schedules, with a thorough understanding of the statutory requirements, jurisdictional issues, procedural requirements and legal consequences of the positions adopted.
Identifying and addressing complex issues concerning the validity of payment claims, reference dates or statutory entitlements where applicable, service requirements, statutory time limits, jurisdictional objections and the scope of permissible adjudication submissions.
Preparing detailed submissions concerning disputed variations, extensions of time, delay costs, disruption, contractual entitlements, set-offs and other construction‑related claims.
Critically analysing payment schedules and adjudication responses to identify factual inconsistencies, evidentiary deficiencies, contractual issues and legal arguments.
Reviewing extensive construction project records, correspondence, contracts, programmes and supporting documentation to prepare properly substantiated claims and responses.
Undertaking detailed legal research and applying relevant legislation and case law to complex adjudication issues.
Construction Litigation and Dispute Resolution
Drafting detailed statements of claim, defences, replies, interlocutory applications and other court pleadings in construction‑related disputes.
Preparing comprehensive affidavits and witness statements, including identifying the evidence necessary to establish each material fact and support the legal position advanced.
Analysing documentary evidence, identifying evidentiary gaps and preparing clear, accurate and properly structured factual chronologies.
Drafting submissions, notices of motion, supporting affidavits and other documents required in contested court applications.
Assisting with proceedings concerning the enforcement of adjudication determinations, statutory debt recovery, judicial review and other construction litigation.
Preparing briefs to counsel and assisting with the preparation of matters for interlocutory hearings and final hearings.
Conducting legal research concerning construction contracts, statutory remedies, civil procedure and relevant case law.
Legal Analysis and Drafting
Preparing clear, detailed and legally persuasive written advice and submissions.
Interpreting complex construction contracts and identifying relevant contractual rights, obligations, notice requirements and dispute resolution provisions.
Developing coherent legal arguments supported by contemporaneous evidence, contractual provisions and applicable legal authorities.
Identifying weaknesses in factual and legal positions and determining what additional evidence is required.
Producing high‑quality legal documents with solid attention to accuracy, structure, detail and consistency.
Applicants must
📌 Construction Litigation (North Sydney)
🏢 Contract and Commercial Resources
📍 North Sydney